Legal Terms and Definitions

Glossary of Legal Terms

Forcible entry and detainer Ordinarily refers to a summary proceeding for restoring possession of land to one who has been wrongfully deprived of possession Premeditation The planning of a crime preceding the commission of the act, rather than committing the crime on the spur of the moment. Caption The heading or introductory clause of papers connected with a case in court, which shows the names of the parties, name of the court, docket number of the case, etc Bailiff A court officer whose duties are to keep order in the courtroom and to have custody of the jury. Inadmissible/incompetent evidence Information that is so unreliable it cannot be admitted under the established rules of evidence. Res ipsa loquitur State laws requiring certain designated persons (physicians, nurses, teachers) to report to the authorities suspected cases of child abuse and injuries. Concurrent jurisdiction The jurisdiction of two or more courts, each authorized to deal with the same subject matter. Law and motion A setting before a judge at which time a variety of motions, pleas, sentencing, orders to show cause or procedural requests may be presented. Normally, evidence is not taken. Defendants must be present.

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	Did You Know?
	The mediation process may vary depending on the mediator. Generally, mediations commence with a general session with all parties, counsel and the mediator. At the general session, there will be a discussion of the case, the issues on appeal and other matters important to settlement. Then the mediator will meet separately with each party and their counsel in separate "caucuses." In these separate sessions, the mediator will seek to foster negotiations between the parties and develop agreement.